This morning at the CPSC’s public hearing Commissioner Joe Mohorovic announced that he would be resigning from his position as a Commissioner, effective Friday, October 20th. Mohorovic announced that he would be joining the law firm Dentons. While Acting Chairman Buerkle remains at the helm of the agency, Mohorovic’s absence will mean an unprecedented Democratic… Continue Reading

This morning it was announced internally at the CPSC that Commissioner Ann Marie Buerkle has become the Acting Chairman of the agency. The CPSC has not yet released a statement concerning the transition of the chairmanship from Elliot Kaye to Ann Marie Buerkle, but we have confirmed the change in leadership with multiple sources inside the… Continue Reading

Yesterday, CPSC Chairman Elliot Kaye and Commissioner Robert Adler issued a lengthy joint statement vigorously defending the Commission’s current approach to civil penalties against various criticisms voiced by Commissioners Joe Mohorovic and Ann Marie Buerkle as well as stakeholders in the business community. Their overarching message: such criticisms are without merit and are, in reality, a call for lesser penalties; there will be no change… Continue Reading

This article originally appeared on Law360 on June 14, 2016 and provides additional analysis to our prior posts on civil penalties. This past March, while speaking at a Consumer Federation of America luncheon, U.S. Consumer Product Safety Commission Chairman Elliot Kaye stated that he “was pleased to announce” that the agency had secured a $15.45 million civil penalty. Commissioner Joe Mohorovic,… Continue Reading

The U.S. Consumer Product Safety Commission (CPSC) is set to announce yet another civil penalty settlement. Sunbeam Products d/b/a Jarden Consumer Solutions (Sunbeam or the Company) has agreed to pay a $4.5 million civil penalty to resolve charges that it knowingly failed to immediately report certain defects and an unreasonably risk of serious injury involving… Continue Reading

On May 26, 2016 the U.S. Consumer Product Safety Commission (“CPSC”) announced through a Record of Commission Action (“RCA”) that Teavana Corporation (“Teavana”) has agreed to pay a $3.75 million civil penalty to resolve charges that it knowingly failed to immediately report that certain glass tea tumblers could “explode, shatter or break during normal use.” … Continue Reading

Earlier today, the CPSC unanimously agreed to publish in the Federal Register a new enforcement policy proposed by Commissioner Joe Mohorovic regarding the certification of certain adult wearing apparel (click here for policy-related materials and statement prepared by Commissioner Mohorovic). Specifically, the CPSC will not require manufacturers and importers of adult apparel made of fabrics… Continue Reading

At the very beginning of this year, we wrote that we expected the CPSC to remain active in bringing enforcement actions against companies for violations of the Consumer Product Safety Act (CPSA). About one month later, CPSC Chairman Elliot Kaye remarked at a product safety conference (ICPHSO 2015) that he was directing staff to seek… Continue Reading

Late this afternoon the U.S. Senate confirmed current Commissioner and former Acting-Chairman Robert S. Adler to a second 7 year term as a CPSC Commissioner by a 53-44 vote. With Commissioner Adler’s confirmation, the five-member Commission will remain composed of 3 Democratic and 2 Republican Commissioners until at least October 2017—even if a Republican wins… Continue Reading

At their April Senate confirmation hearing, both incoming CPSC Chairman Elliot Kaye and Commissioner Joe Mohorovic pledged to Senator John Thune (R-SD) to submit plans for reducing third party testing burdens within 60 days of confirmation. Rather than send separate plans, Kaye and Mohorovic submitted a joint letter to Senator Thune recently made public on… Continue Reading

We do not typically take positions on product specific issues pending before the U.S. Consumer Product Safety Commission (“CPSC”), but the CPSC’s new safety standard for magnet sets demonstrates both why the agency exists and how it can use its regulatory authority to protect consumers. In enacting the safety standard, the agency did not eradicate… Continue Reading

Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th. President Obama nominated Kaye to serve as the next Chairman and as a Commissioner of the CPSC in March and Mohorovic to serve as a Commissioner… Continue Reading

Today the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC). The Committee approved Elliot Kaye as Chairman and Joe Mohorovic and Bob Adler as Commissioners to the CPSC. Although the Committee approved his nomination, seven Republican Senators reportedly voted no on the reappointment of current Acting… Continue Reading

The CPSC’s Acting Chairman, Robert (Bob) Adler, testified before the U.S. Senate Committee on Commerce, Science, and Transportation for his confirmation hearing this week along with four other nominees for various positions within the federal government. Acting Chairman Adler was renominated by the President for a second term just last month. We noted in our… Continue Reading

Update: Commissioner Adler has been confirmed as a witness for the June 11th hearing. According to the Senate Commerce Committee’s hearings calendar, the committee will be holding a nominations hearing on June 11th at 2:30pm to “consider several nominations.” There are unconfirmed reports that the CPSC’s current Acting Chairman, Bob Adler, who was renominated for a second… Continue Reading

In an unexpected move, President Obama announced this afternoon his intent to renominate current CPSC Acting Chairman, Robert Adler, to a second term at the agency. Acting Chairman Adler’s current term expires in October of this year, and it was unclear whether he would be renominated prior to the confirmation of Elliot Kaye and Joe… Continue Reading

The rumor is now confirmed. The U.S. Senate Committee on Commerce, Science, and Transportation officially announced it will hold the confirmation hearing for CPSC Chairman nominee, Elliot Kaye, and Commissioner nominee, Joe Mohorovic, next Tuesday, April 8th at 2:30pm. This is a very quick turn-around for Kaye in particular, who will have only been the… Continue Reading

The long awaited announcement of a new CPSC Chairman is finally here. After more than a year of speculation and intrigue, the search ended right where it started today when President Obama announced that Elliot Kaye is his nominee to become the next Chairman of the CPSC. Having previously served with Elliot in former Chairman… Continue Reading

Yesterday President Obama announced his intent to nominate Joseph P. Mohorovic as a Commissioner on the Consumer Product Safety Commission. If confirmed by the Senate, he would succeed former Republican Commissioner Nancy Nord whose term expired at the end of October. Mohorovic is familiar with the world of consumer product safety, having served as former Chairman Hal Stratton’s Chief of Staff… Continue Reading